Qualifications of Physicians Who Evaluate and Treat Sex Offenders

 

DEPARTMENT OF HEALTH
Board of Medicine

RULE NO: RULE TITLE
64B8-9.015: Qualifications of Physicians Who Evaluate and Treat Sex Offenders

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with Section 120.54(3)(d)1., F.S., published in Vol. 32, No. 24, June 16, 2006, issue of the Florida Administrative Weekly.

The changes are in response to negotiations with the Florida Psychiatric Society (FPS) in light of FPS’s rule challenge. The changes were considered by the Rules Committee at its meeting held on November 30, 2006. The Rules Committee made a recommendation to the Board on December 2, 2006, and the Board approved the changes to the proposed rule. When changed, the rule shall read as follows:

64B8-9.015 Qualifications of Physicians Who Evaluate and Treat Sex Offenders.

(1) Before a physician may evaluate or treat sex offenders pursuant to Chapters 947 and 948 F.S., as a “qualified practitioner” as defined in Section 947.005(9) or 948.001(6), F.S., the physician shall, at a minimum:

(a) Hold an active license under Chapter 458, F.S.; and

(b) Demonstrate qualification and experience through the completion of training from a four-year psychiatric residency program accredited by the ACGME or AOA that includes the following subject matter as applicable to the evaluation and treatment of sex offenders:

1. Development and documentation of a DSM-IV multi-axial differential diagnosis; an integrative case formulation that includes neurobiological, phenomenological, psychological, and sociocultural issues involved in sexual offender diagnosis and management; and an evaluation plan, including appropriate laboratory, imaging, medical, and psychological examinations;

2. Comprehensive assessment and documentation of a sex offender’s potential for self-harm or harm to others including: an assessment of risk, knowledge of involuntary treatment standards and procedures; the ability to intervene effectively to minimize risk; and the ability to implement prevention methods against self-harm and harm to others;

3. The range of individual, group, and family therapies using standard. Accepted models, and integration of these psychotherapies in multi-modal treatment, including biological and sociocultural interventions;

4. Human growth and sexual development, including normal and abnormal biological, cognitive, and psychosexual development;

5. Specific forms of psychotherapies including brief therapy, cognitive behavioral therapy, psychodynamic therapy, psychotherapy combined with psychopharmacology, and supportive therapy;

6. Somatic treatments, including pharmacotherapy, including the antidepressants, antipsychotics, anxiolytics, mood-stabilizers, hypnotics, and stimulants;

7. Emergency psychiatry, including suicide, crisis interventions, differential diagnoses in emergency situations, treatment methods in emergency situations, homicide, rape, child and domestic abuse, and other violent behavior;

8. Substance abuse, including pharmacological actions of substances of abuse, signs and symptoms of toxicity, signs and symptoms of withdrawal, management of toxicity and withdrawal, epidemiology, and prevention and treatment; and

9. The application of ethical principles in delivering medical care to sexual offenders as enunciated in the American Medical Association Principles of Medical Ethics with Annotations Especially Applicable to Psychiatry.

(2) As a condition of biennial licensure renewal, a physician who evaluates or treats sex offenders as a “qualified practitioner,” as defined in Section 947.005(9) or 948.001(6), F.S., must complete four (4) of the forty (40) hours of required continuing medical education in evaluation and treatment of sex offenders.

(3) Within three (3) years of the effective date of this rule, the physician must complete twenty (20) hours of continuing education in the evaluation and treatment of sex offenders.

(4) If a physician that meets the requirements set forth in subsections (1)(a) and (b) and can demonstrate that he or she has completed twenty (20) hours of training within his or her residency program that specifically addressed the evaluation and treatment of sex offenders, or has completed a one-year forensic psychiatric fellowship as approved by ACGME, the physician need not complete the coursework set forth in paragraph (1)(c).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Larry McPherson, Executive Director, Board of Medicine, 4052 Bald Cypress Way, Bin #C03, Tallahassee, Florida 32399-3253